PART IISMARKETING

[F1Exception for scientific purposes or selection workS

9.—(1) Regulation 6(1)(b) shall not apply to the marketing by a producer of small quantities of seed for scientific purposes or selection work for which–

(a)an authorisation has been granted to the producer by the Scottish Ministers in accordance with this regulation; or

(b)[F2an authorisation has been granted to the producer, in respect of small quantities of seed for scientific purposes or selection work in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

(i)a GB Authority other than the Scottish Ministers; or

(ii)the NI Authority.]

(2) A producer established in Scotland may apply to the Scottish Ministers for authorisation under this regulation.

(3) An application under paragraph (2) shall be made in writing to the Scottish Ministers and shall be accompanied by such information as the Scottish Ministers may require.

(4) [F3The Scottish Ministers may only grant an authorisation under this regulation in respect of a genetically modified variety if the marketing and release of the genetically modified material by the applicant has—

(a)before the day on which IP completion day falls, been authorised under Part C of the 2001 Deliberate Release Directive,

(b)been authorised under the Food and Feed Regulation, or

(c)been authorised under the GMO Regulations.]

(5) An authorisation under this regulation may–

(a)specify the amount of seed which may be marketed under it; and

(b)impose such conditions as the Scottish Ministers think necessary or desirable having regard to the nature of the scientific purposes or selection work involved and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed.]

Textual Amendments